A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Power of crime] On July 15, 2015, the Defendant was sentenced to six months of imprisonment by the Incheon District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury caused before the risk), and the judgment became final and conclusive on December 29, 2015.

The records of the above crime do not constitute a criminal offense for the following reasons.

Article 35 (1) of the Criminal Act shall be punished as a repeated crime by a person who was sentenced to imprisonment without prison labor or heavier punishment and commits a crime equivalent to or greater than imprisonment without prison labor within three years after the execution of the sentence is completed or exempted.

“......”

In this case, the execution of punishment is premised on the confirmation of judgment and is not immediately executed, and thus, it was detained as much as the term of punishment sentenced before the judgment becomes final and conclusive.

Even if the execution of punishment is completed,

subsection (b) of this section.

Therefore, the defendant was released from custody on July 15, 2015 by the revocation of detention.

Even if the execution of a sentence is not completed, it cannot be deemed that the execution of the sentence is completed, and the execution of the sentence is completed only when the whole number of days of detention is included in the above imprisonment as determined by the Supreme Court on December 29, 2015.

In the meantime, the meaning of “before the final judgment becomes final and conclusive” in the latter part of Article 37 of the Criminal Act, i.e., the crime for which judgment has become final and conclusive, refers to the situation in which a judgment cannot be contested by means of ordinary methods of appeal, such as an appeal (see Supreme Court Decision 83Do1200, Jul. 12, 1983). Since the crime of this case was committed before December 29, 2015, the crime of this case is a crime committed before December 29, 2015, and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death prior to the occurrence of danger) established on December 29, 2015 and the crime of violation after Article 37 of the Criminal Act are concurrent crimes

[2] On July 27, 2015, the Defendant: (a) intruded into the D Company’s office located in Bupyeong-gu Incheon Metropolitan Government, Bupyeong-gu, Incheon on July 27, 2015, and used the gaps in which the victim E gets locked, thereby holding one room containing smartphone, cash, etc. equivalent to KRW 1,874,00 in total of the market price of the victim E-owned.